3/19/02 Meeting Minutes, Town of Holly Springs

In October 1998, the Town applied for this grant, but was passed over in the first funding year.

In November 1999, the Town was awarded $225,000 for housing rehabilitation. A condition of the grant was that the Town supply $11,850 in local funds. The Community Development Block Grant project involved the rehabilitation of four homes and the replacement of one home. The project is now complete, and the Town is preparing to close out the grant. The public hearing is one of the required steps in the process to close out the grant, she added.

Ms. Carr introduced project consultant Larry Jarvis of The Wooten Company, who gave the Board an overview of the Scattered Sites project. He provided before and after photographs of the four owner-occupied homes that were renovated.

A copy of these photographs are incorporated into these minutes as addendum pages.

Following this introduction, Mayor Sears said he had visited all the properties that were improved through this program, and he was pleased with the results.

Commissioner Dickson asked if there were grant requirements that would require the homeowners to retain ownership of the homes for any length of time.

Mr. Jarvis responded that, depending on the amount expended on the home, there are certain residency requirements of either 8 or 10 years. This is to avoid having the owners turn over the ownership immediately following rehab.

Commissioner Schifano asked if there was a chance that the Town could obtain similar funding in the future.

Mr. Jarvis responded that because of changes in the grant administration program, it was not likely. He did add that there were other funding resources, such as the North Carolina Housing Finance Agency.

With that, the mayor opened the public hearing to accept comments from citizens.

There were no comments, and the public hearing was closed.

Action: No action required nor taken.

5b. Public Hearing: A02-03, WWTP Property - Ms. Bobber said that in a recent effort to close the gaps in the Town limits, it was discovered that the Town’s wastewater treatment plant site is not within the Town’s municipal limits. Therefore, the Town is in the process of annexing this property, she said.

Ms. Bobber explained that the Town intends to annex approximately 35 acres of land located at 850 W. Ballentine Street. This property includes the site of the existing plant as well as the approximately 25‑acre adjacent expansion area recently purchased by the Town.

According to the Town Clerk’s Certificate of Sufficiency, the petition meets all the statutory requirements for annexation.

With that explanation completed, Mayor Sears opened the public hearing to accept

public comments. The following comments were received: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to adopt Annexation Ordinance A02-03 bringing in to the corporate town limits 35 -/+ acres of land owned by the Town of Holly Springs.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of Annexation Ordinance A02-03 is incorporated into these minutes as addendum pages.

5c. Public Hearing: 02-GPA-01 and 02-REZ-02 - Ms. Bobber said the applicant is requesting to rezone approximately 3.0 acres from O&I: Office and Institutional to R-15 residential subdivision district to allow for the use of the property as a church. Ms. Bobber explained to the Board members that since the Comprehensive Growth Plan has this land designated Commercial, a Growth Plan Amendment has also been requested to make the rezoning petition consistent with the Growth Plan.

Ms. Bobber said that staff and the Planning Board recommend approval of Growth Plan Amendment 02‑GPA‑01 and approval of Rezoning Petition 02‑REZ‑02.

With that explanation completed, Mayor Sears opened the public hearing to accept

public comments. The following comments were received:

David Sharpe – Mr. Sharpe, an adjacent property owner, said he was in support of the church project; however, he is in a quandary because he would hope to build on the property with an industrial use if the church does not proceed with its plans. He asked if the Town could rezone the property to allow the church, but that the original O&I zone would be reapplied if the church was not built.

Commissioner Schifano asked how long it would take to amend the Town’s O&I zoning district to allow churches. Ms. Bobber responded about one month.

Larry Moore – Mr. Moore, a member of the United Church of Christ Board of Trustees, said the church’s contractor is in place and that the church would like to expedite the process with no delays.

Commissioner VanFossen asked if construction plans for the church had been submitted.

Ms. Bobber responded no.

Commissioner VanFossen said that there was time, then, for the ordinance amendment to go through the process. He said the church should go ahead with its construction plan submittals, because the church would be allowed in an O&I district.

Commissioner Schifano said he felt the church should be refunded its rezoning application fees because if churches had been allowed in an O&I district, then a rezoning application would not have been necessary.

The Board agreed that it would rather see churches added as a permitted use in the O&I district rather than to rezone the subject property.

Commissioner Atwell asked that the planning department expedite the ordinance change as quickly as possible.

The public hearing was closed.

Action: The Board approved a motion to refund Holly Springs United Church of Christ the $750 fees it has paid for rezoning and growth plan amendment applications and directed that a change to the Town Code be initiated to allow churches as a permitted use in an O&I district.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

5d. Public Hearing: Petition 02-REZ-03, WWTP Property - Ms. Bobber explained that upon annexation of the wastewater treatment plant property, a Holly Springs zoning district should be applied to the property to replace the Wake County zoning that was in place. She said staff recommends that the Board set the zoning of the property to Holly springs I-1: Light Industrial District. The requested zoning is in full conformance with the Town’s Comprehensive Growth Plan, she added.

Ms. Bobber reported that both staff and the Planning Board recommend approval.

With that explanation completed, Mayor Sears opened the public hearing to accept

public comments. The following comments were received: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to approve Rezoning Petition 02‑REZ‑03 to set the zoning of 35.0 acres owned by the Town of Holly Springs from Wake County R‑30 to Holly Springs I‑1: Light Industrial District, as submitted by the Town of Holly Springs.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

5e. Public Hearing: Ordinance 02-04, Shopping Center Landscaping - Ms. Bobber explained that, in reviewing the Town’s zoning regulations with the potential developers, a major area of concern that is addressed frequently is the current buffer requirements between lots within a shopping center. Ms. Bobber said according to current zoning regulations, each lot is required to provide either a 20’ semi‑opaque or a 10’ opaque buffer between each lot.

Ms. Bobber said during the town’s drafting of the proposed Unified Development Ordinance, this issue also was discussed at length. Ms. Bobber said staff and the UDO Steering Committee has agreed to reduce this perimeter landscaping requirement and provide options for eliminating the landscaping, provided that the area and plantings are provided elsewhere on site.

Ms. Bobber said the proposed subject ordinance amendment closely mirrors the UDO’s draft and would allow a smoother transition upon the adoption of the new ordinances later this year.

Ms. Bobber said that staff and Planning Board recommends adoption of Ordinance 02-04.

With that explanation completed, Mayor Sears opened the public hearing to accept

public comments. The following comments were received: None.

There being no comments, the public hearing was closed.

There was some discussion relating to the definition change and the number of feet of required buffer. Commissioner VanFossen asked if the UDO Steering Committee could review the ordinance draft before Board action.

Action: The Board approved a motion to defer action on proposed Ordinance 02-04, Shopping Center Landscaping, until the April 2 Town Board meeting, following UDO Steering Committee review in March.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

6. Consent Agenda – All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote. The following actions were affected:

6a. Budget Amendment, Reserve Funds - A budget amendment to the FY 2001‑02 budget was adopted to appropriate funds for Street, Park, Water and Waste Reserve Funds, pursuant to directions provided by the Town’s auditors. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6b. Budget Amendment, $85,000 - A budget amendment to the FY 2001‑02 budget was adopted in the amount of $85,000 to use Interest Income in the subject project fund instead of an Operating Transfer from the Utility Fund to cover costs associated with a water line relocation. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6c. Budget Amendment, $3,585 - A budget amendment to the FY 2001‑02 budget was adopted in the amount of $3,585 to receive insurance proceeds to cover costs associated with Parks and Recreation leased vans and to replace turn-out gear for the Fire and EMS departments. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6d. Zoning Permit 02-ZPF-02 - Zoning permit 02-ZPF-02 for the Holly Springs pump maintenance facility site was approved.

6e. Resolution 02-R-06 – Resolution 02-R-06, reimbursement resolution to allow the

Town to reimburse itself from future financing for any expenditures related to the new town hall project, was adopted. A copy of Resolution 02-R-06 is incorporated into these minutes as addendum pages.

At this time, the Board agreed to amend the agenda to take up item 7b in the absence of Mr. Tillage.

7b. Fair Share Project - Mr. Victor Boone, an attorney working on behalf of the North Carolina Fair Share organization, reported to the Board that there are concerns among residents: specifically, he noted that he has been advised that three houses in the area are not connected to services; he said private plumbing costs are cost-prohibitive for some of the residents and he communicated that the residents believe the Town should provide funding in those cases for connections to be made; he advised that the utility lines were installed further away from one home than what the property owner expected and that he has discovered it will cost him $6,000...

The mayor interjected that he had met personally with this resident and that he believes the matter has been resolved.

... Mr. Boone continued that residents also are opposed to the Town’s irrigation well policy because some feel that their uncontaminated wells can be used for irrigation and outdoor use and that there is no need to cap their wells; he reported that the driveway at one location has been eroded; he advised that stagnant water is reported standing in the ditch in front of one house; he reported that some residents told him their pipes burst due to water pressure; he said some residents are complaining of excessive water bills; and he said the community wants to know when the installation of water and sewer lines will be completed.

Mr. Boone also advised that the St. Mary’s Community desires some assistance for the repair and reconstruction of Lockley Road, and he suggested that the Town provide intervention so that State officials would look into the deteriorated condition of this State-maintained road. In closing, Mr. Boone also reported that debris piled on a lot located at the corner of Sunset Lake Road and Holly Springs Road should be removed.

The Board and staff addressed the residents with information.

Individual Complaints (i.e. erosion, standing water) -- Mrs. Sudano reported to the Board that postcards were mailed out to all St. Mary’s Community residents who are in the service area. The postcards, Mrs. Sudano said, asked the residents to leave their name, address, phone number and any concerns they may have regarding their properties on a 24-hour recorded message line. Any concerns expressed by Friday, March 22 would be forwarded to the contractor at the punchlist inspection.

To date, Mrs. Sudano said, the Town has received only a handful of complaints and that each already has been addressed.

Installation of Lines; Houses Not Connected; Cost of Plumbing -- Mrs. Sudano explained that the status of the project is that the water and sewer service lines have been installed along the streets as intended. The Town now will be conducting a water and sewer service punchlist inspection with the contractor for the beginning of a one‑year warranty on the work. The intention of the project, she stressed, was to provide the public services in the public right-of-way. That work, she said, is completed.

The mayor explained that the project was never intended to hook all properties to the water and sewer lines, but to make the connections possible by providing the infrastructure into the area. The responsibility and cost of connecting individual lots to the service lines is to be borne by the property owner; however, the usual tap-on fees charged by the Town for all water and sewer connections, will continue to be waived for a period of time. This waiver will save each address between $6,000 and $8,000 in fees that otherwise would be charged in addition to private plumbing costs.

The Town Attorney pointed out that the Town could not legally provide funding assistance for improvements to private property, such as plumbing from the home to the water meter.

(Mrs. Sudano noted in previous project update memos to the Board that, in the Fall of 2001, staff had introduced to residents a representative of USDA who offered to assist those in need in applying for low-interest loans that were available for this type of work. She noted that those who could not afford to pay for the plumbing work would have to seek this type of funding).

Lockley Road -- Mrs. Sudano reported that the Town has made contact with the North Carolina Department of Transportation regarding the condition of Lockley Road. She said the Town would not be in a position to provide improvements to Lockley Road, but that the State should be convinced to do so. She suggested that the North Carolina Fair Share office take an active role in this objective. She added that the Town would do what it could.

Irrigation Wells – There was much discussion about the Town’s irrigation well policy, which governs the location of wells in their relationship to sewer lines. The policy also is written in order to prevent cross-connections, which would pose a threat of contamination of the entire public water supply of the Town.

Some residents said they opposed the policy because it would not allow them to keep their wells. Some argued that they had been told in the past that they could keep their wells, and they feel the Town should not apply its irrigation well policy to the properties in this service area.

Commissioner Schifano asked Mr. McNeil for clarification if the only wells being capped were those that were contaminated and those that are not located outside the minimum distance from the sewer line required by the town policy.

Mr. McNeil said yes. He then explained the problems the Town would face with the possibility of cross-connections and potential water supply contamination if the policy is not enforced. He explained that yokes on the metering system are not failproof. Any accidental back-flow of untreated water into the sanitized lines of the Town lines could result in positive bacteria tests throughout the system.

In summary, he said if wells are allowed, the Town would have to make sure there are no cross-connections (connecting the wells to home service, bypassing the Town meter). He said the only way for the Town to make sure there are no cross-connections is for the Town to make sure the well is far enough away from the Town service lines that it would be unlikely for a cross-connection to occur.

Commissioner Schifano said he felt like a contaminated water supply was no good to anyone in the Town and that the policy should not be amended or revoked.

Commissioner VanFossen said he felt the irrigation well policy could be relaxed.

After much discussion, the prevailing position of the Board was that the irrigation well policy should not be changed and that no action was needed since the policy was in place and was being enforced as intended.

A memo from the Department of Engineering providing key components and specific updates on the project is incorporated into these minutes as addendum pages.

Finances -- Mr. Holland then provided the Town Board a cost break-down of the water and sewer project in the St. Mary’s Community, in response to one property owner’s question about how all the grant money was spent. He summarized that the Town had spent $2,445,752 on this utility project, above and beyond the grant funding that was made available. He said that amount represents $16,867 per household in the St. Mary’s Community.

A memo containing detailed financial information on the project is incorporated into these minutes as addendum pages.

Mayor Sears advised the residents in the audience that Town Board meetings are not the appropriate forum for discussion of individual complaints or concerns on the project. He offered the suggestion that Mr. Boone, the Town Attorney and residents arrange a meeting with Stephanie to resolve any issues. He asked Mrs. Sudano if she would facilitate such a meeting, and she said she would. Mr. Pearson and Mr. Boone also agreed.

Commissioner Atwell added that it would be more effective and efficient for residents of the St. Mary’s Community that have become citizens of Holly Springs to approach the Town directly with their concerns. He said going through the Fair Share organization only results in undue delay to a response their issues that need not wait for a Town Board meeting but that can be handled at the staff level at any time.

Action: None taken.

7a. Sunset Ridge Pump Station - Staff had addressed the various concerns surrounding this pump station. The Town Board had tabled a decision on whether or not to direct that the jib crane on site be used for the pump station until this evening, when Mr. Tillage could provide price quotes on the purchase of a crane truck.

Mr. Tillage provided price quotes on a crane truck meeting his desired specifications,

which are listed in a memo to the Board dated March 13, 2002.

According to the memo, quotes for a new truck ranged from $47,000 to $63,953.

He said used truck quotes ranged from $14,000 to $36,000.

He said, if purchased, the truck would be used at just this one station in the near future because the Town already has a lighter-duty crane truck for use at the other existing sites.

With the crane on site, however, the crane is there and in place when needed, Mr. Tillage said in support of his recommendation that the stationary jib crane be used and not a mobile unit. He said he especially had serious concerns about buying a used crane truck. He said the situation would be very hazardous if fatiqued equipment were to fail.

Commissioner Schifano said he appreciates the effort of the Board to explore other alternatives and staff’s preparation of price quotes, but he feels the onsite crane is failsafe and it is already paid for; therefore, using it would pose no further delay or expense in the project.

Commissioner Tedder agreed.

Commissioner VanFossen said his point is that if a pump has to be fixed, a truck would have to bring a part into the station anyway. He said the cost would not be lost because the jib crane that is onsite could be used at another location. He advocated the purchase of a crane truck.

Commissioner Atwell asked what would happen if a pump stopped. Thomas explained what could happen in the event that the primary and secondary pumps failed -- eventual spill of sewerage into the pump well and onto the ground and into a nearby creek.

Commissioner Dickson said he felt the onsite failproof crane was a better option.

The Mayor asked from where would the money come to purchase a crane truck. Mr. Holland responded that the Town would have to use Fund Balance, as the project is already over-budget.

Mayor Sears asked what Mr. Tillage would prefer for that site. Mr. Tillage said he would prefer that the jib crane already on site be used.

Action: The Board approved a motion to direct staff to proceed with upgrades that are in progress as approved as of this date and within the amount ($90,000 total) previously approved by the Board: to minimize the fencing as much as practical around the site; to proceed with the berm and landscaping as has been discussed; and that the existing crane that already has been purchased be installed and that all improvements be expedited.

Motion By: Tedder

Second By: Schifano

In discussion, Commissioner VanFossen said he wanted to discuss the landscaping plan further. He said 90 plants were featured on the plan and that a lot of them are deciduous. He suggested that 10-foot Leland Cypress be used instead of the planned oak trees.

Commissioner Tedder said he felt changes to the landscaping plan would be in keeping with his original motion, which states that landscaping proceed within the budget set by the Board. He said he agreed that the funds set aside for the upgrades could be maximized in any way possible.

Commissioner Atwell addressed the landscaping issue. He suggested that landscaping materials be chosen to provide the most immediate, mature buffer possible at planting.

Commissioner VanFossen also asked if the soundproofing panels on the generator could be painted so as to be less obtrusive to neighbors.

Motion Clarified: Commissioner Steve restated and clarified his motion, noting that if painting the sound panels could be done within the $90,000 total for all additional upgrades, then staff should feel free to pursue this added improvement.

Vote: The motion carried, 4-1. Commissioner VanFossen voted against.

8a. Nomination to the Planning Board ETJ Position - Ms. Bobber said that at the February 5, 2002 meeting, the Town Board appointed Ms. Natalie Lew to fill the vacant ETJ member position on the Planning Board and Mr. David Mackie to fill the vacant ETJ alternate position on the Board of Adjustment. Since that time, staff has learned that Ms. Lew has since moved out of the Town's planning jurisdiction and is no longer eligible to fill the Planning Board vacancy.

Ms. Bobber said now staff is recommending that the Town Board recommend to the Wake County Board of Commissioners that Mr. David Mackie be appointed to fill the Planning Board ETJ member position, term ending December 31, 2003. She pointed out that this position is much more critical to have filled (than the Board of Adjustment alternate seat) and that the Planning Board was Mr. Mackie's first choice.

Ms. Bobber said that staff will attempt to conduct a direct mailing campaign to those who

reside in the Town's ETJ in an attempt to get applicants for the Board of Adjustment ETJ alternate position.

Action: The Board approved a motion to nominate Dave Mackie, 740 Piney Grove-Wilbon Road, to the Wake County Board of Commissioners for appointment to the Holly Springs Planning Board as the ETJ member for a term ending December 31, 2003.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

8b. Public Safety K-9 Unit - Chief Parker explained that the Town of Angier was restructuring it's police department. The Town of Angier has a jeep equipped for K‑9 use and a canine for sale, he said, adding that the Town of Anger was proposing to trade their Jeep, K‑9 and all K‑9 equipment for a Town of Holly Spring Public Safety jeep, plus $3,000.

Chief Parker said the trade represents a good deal for both communities. He added that he had prepared a budget request for FY 2002-03 for the purchase of this equipment. If the Board approves the trade, however, that request could be eliminated from the upcoming budget requests.

Action: The Board approved a motion to adopt Resolution 02-07 declaring the Town of Holly Springs jeep vehicle VIN #1J4FF48S3Y1138254 surplus property and authorizing the purchase/trade of the Holly Springs vehicle plus $3,000 for the Town of Angier’s jeep VIN #1J4FF68S9XK668281, a German Shepard named “Ranger” and all associated K-9 equipment.

Motion By: Tedder

Second By: Schifano

Vote: Unanimous

A copy of Resolution 02-07 is incorporated into these minutes as an addendum page.

8c. GIS/GPS Mapping Service Proposal - This item was removed from the agenda during Agenda Adjustment.

9. Public Comment – No one had registered to speak during Public Comment. However, residents of the St. Mary’s Community expressed to the Board that they had concerns they wanted addressed. Mayor Sears said he would stay after the business meeting to meet with the residents, if they wished.

10. Other Business – The Town Attorney reported on the Hood zoning violation litigation. He said, at the Board’s direction, he would ask for the judge to declare contempt of court in the matter and additional attorney fees.

11. Manager’s Reports – Mr. Simmons reported that the Town Manager was away this Town Board meeting attending a speaking engagement. He added that Mr. Dean would be back in place at the next meeting.

12. Closed Session – None.

13. Adjournment – There being no further business for the evening, the March 19, 2002 meeting of the Holly Springs Board of Commissioners was adjourned at 9:10 p.m. following a motion by Commissioner Schifano, a second by Commissioner Dickson, and a unanimous vote.

Respectfully Submitted on Tuesday, April 16, 2002.

___________________________

Joni Powell, CMC, Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record.

Note: Mayor Sears and Commissioner VanFossen stayed in the meeting room to meet with members of the St. Mary’s Community. Notes of concern were taken and forwarded to the Engineering Department.